Question

Posted by: Anonymous | 2010-05-10

Divorce

My husband and I are filing for divorce at the Family court. Initially we tried to do a settlement between us. Then he got a lawyer and the lawyer wanted me to forward a written claim to him.I have done so and also received a reply to my claim.However, I received this 7 weeks ago. Since then the FA report has also been received.I contacted the court to check on proceedings as my husband and I no longer communicate. My husbands reply to my claim has not been filed although I am in possession of the same. Is this allowed. Is he not just prolonging procedure.

Our expert says:

The normal sequence of events in a contested divorce are that one party issue a summons, serve same on the Defendant and then the other party will file a Notice of Defence (should be done in 30 days) in the Divorce / Family Court. After filing a defence, the defendant has 10 days to file his plea and/or counter claim and the Plaintiff then has 5 days to file a plea to the counterclaim of the defendant, if any. If a party is out of time, you may file a notice to force that party to file his/her plea and if he doesnt file same within the prescribed limit he will be barred from doing so. It will prolong the procedure so I suggest that you visit the registrar and serve a notice to bar on the defendant.

Bertus Prellerbertus@divorceattorney.co.za

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Posted by: TINA | 2010-05-10

Posted by: family law expert | 2010-05-10

The normal sequence of events in a contested divorce are that one party issue a summons, serve same on the Defendant and then the other party will file a Notice of Defence (should be done in 30 days) in the Divorce / Family Court. After filing a defence, the defendant has 10 days to file his plea and/or counter claim and the Plaintiff then has 5 days to file a plea to the counterclaim of the defendant, if any. If a party is out of time, you may file a notice to force that party to file his/her plea and if he doesnt file same within the prescribed limit he will be barred from doing so. It will prolong the procedure so I suggest that you visit the registrar and serve a notice to bar on the defendant.

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